Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person is a participant in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and
(b) the ACMA is satisfied that the person has contravened or is contravening an industry code that:
(i) is registered under this Part; and
(ii) applies to participants in that section of the industry;
the ACMA may, by written notice given to the person, direct the person to comply with the industry code.
(1A) If the ACMA is satisfied that the contravention of the industry code relates directly or indirectly to a matter dealt with by the Australian Privacy Principles or by a registered APP code (within the meaning of the Privacy Act 1988 ), the ACMA must consult the Information Commissioner before giving the direction.
(1B) If:
(a) at a time when an industry code (the original code ) was registered under this Part, a direction could have been given to a person under subsection (1) in respect of the original code; and
(b) the original code has been replaced by another code that is registered under this Part; and
(c) the person could have been given a direction under subsection (1) in respect of the replacement code, if the conduct concerned had occurred after the replacement code was registered;
then, during the period when the replacement code is registered under this Part, the person may be given a direction under subsection (1) in respect of the replacement code.
(2) A person must comply with a direction under subsection (1).
(3) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (2); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (2); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or
(d) conspire with others to effect a contravention of subsection (2).
(4) Subsections (2) and (3) are civil penalty provisions .
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
(5) A direction under subsection (1) is not a legislative instrument.